Iowa Admin. Code r. 281-41.646 - Disproportionality
(1)
General. Using the methodology required by rule 281-41.647
(256B, 34CFR 300 ), the state shall collect and examine data to determine if
significant disproportionality based on race and ethnicity is occurring in the
state and the LEAs of the state with respect to the following:
a. The identification of children as children
with disabilities, including the identification of children as children with
disabilities in accordance with a particular impairment described in Section
602(3) of the Act;
b. The placement
in particular educational settings of these children; and
c. The incidence, duration, and type of
disciplinary actions, including suspensions and expulsions.
(2)
Review and revision of
policies, practices, and procedures. In the case of a determination of
significant disproportionality with respect to the identification of children
as children with disabilities, or the placement in particular educational
settings of these children, or the incidence, duration, and type of
disciplinary actions, in accordance with subrule 41.646(1) and rule 281-41.647
(256B, 34CFR 300 ), the state must proceed as follows:
a. Provide for the annual review and, if
appropriate, revision of the policies, procedures, and practices used in the
identification, placement, or disciplinary actions to ensure that the policies,
procedures, and practices comply with the requirements of the Act;
and
b. Require the LEA to publicly
report on the revision of policies, practices, and procedures described under
41.646(2)"a" in a manner consistent with the requirements of
the Family Educational Rights and Privacy Act, its implementing regulations in
34 CFR Part 99, and Section 618(b)(1) of the Act.
(3)
Comprehensive coordinated early
intervening services. Except as provided in subrule 41.646(4), any LEA
identified under subrule 41.646(1) shall reserve the maximum amount of funds
under Section 613(f) of the Act to provide comprehensive coordinated early
intervening services to address factors contributing to the significant
disproportionality.
a. In implementing
comprehensive coordinated early intervening services, an LEA:
(1) May carry out activities that include
professional development and educational and behavioral evaluations, services,
and supports.
(2) Must identify and
address the factors contributing to the significant disproportionality, which
may include, among other identified factors, a lack of access to scientifically
based instruction; economic, cultural, or linguistic barriers to appropriate
identification or placement in particular educational settings; inappropriate
use of disciplinary removals; lack of access to appropriate diagnostic
screenings; differences in academic achievement levels; and policies,
practices, or procedures that contribute to the significant
disproportionality.
(3) Must
address a policy, practice, or procedure it identifies as contributing to the
significant disproportionality, including a policy, practice or procedure that
results in a failure to identify, or the inappropriate identification of, a
racial or ethnic group (or groups).
b. An LEA may use funds reserved for
comprehensive coordinated early intervening services to serve children from age
3 through grade 12, particularly, but not exclusively, children in those groups
that were significantly over identified under subrule 41.646(1), including:
(1) Children who are not currently identified
as needing special education or related services but who need additional
academic and behavioral support to succeed in a general education environment;
and
(2) Children with
disabilities.
c. An LEA
may not limit the provision of comprehensive coordinated early intervening
services under this subrule to children with disabilities.
(4)
Exception to comprehensive
coordinated early intervening services. The state shall not require
any LEA that serves only children with disabilities identified under subrule
41.646(1) to reserve funds to provide comprehensive coordinated early
intervening services.
(5)
Rule of construction. Nothing in this rule authorizes the
state or an LEA to develop or implement policies, practices, or procedures that
result in actions that violate the requirements of this chapter, including
requirements related to child find and ensuring that a free appropriate public
education is available to all eligible children with disabilities.
Notes
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